HOUSE BILL REPORT

SHB 1352

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Passed Legislature

Title: An act relating to the statute of limitations for sexual abuse against a child.

Brief Description: Addressing the statute of limitations for sexual abuse against a child.

Sponsors: House Committee on Public Safety (originally sponsored by Representatives Holy, Hurst, Shea, Kristiansen, Parker, Warnick, Kochmar, Kretz, Manweller, Johnson, Rodne, Hayes, Schmick, Short, Klippert, Vick, Condotta, Overstreet and Bergquist).

Brief History:

Committee Activity:

Public Safety: 2/5/13, 2/13/13 [DPS].

Floor Activity:

Passed House: 3/12/13, 95-0.

Passed Senate: 4/9/13, 48-0.

Passed Legislature.

Brief Summary of Substitute Bill

  • Extends the statute of limitations for several criminal offenses related to sexual abuse against a minor.

HOUSE COMMITTEE ON PUBLIC SAFETY

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 10 members: Representatives Goodman, Chair; Roberts, Vice Chair; Klippert, Ranking Minority Member; Hayes, Assistant Ranking Minority Member; Appleton, Holy, Hope, Moscoso, Ross and Takko.

Staff: Sarah Koster (786-7303).

Background:

Under current law, there are three tiers of statute of limitations for sex offenses.

Certain sex offenses may be prosecuted up to a victim's twenty-eighth birthday:

Rape in the first or second degree has two different statute of limitations schemes depending on the age of the victim and whether the offense was reported within one year, if:

For all other sex offenses, the period of limitations is three years.

The period of limitations for any sex offense may run from the date of the offense or one year from the date by which the identity of the suspect is established by deoxyribonucleic acid (DNA).

Summary of Substitute Bill:

The following offenses may be prosecuted up to the victim's thirtieth birthday, if the victim was under 18 years old when the offense was committed:

If the victim was over 18 years old, Rape in the first or second degrees may be prosecuted up to 10 years after the act, if the offense was reported within one year, or up to three years after the act, if the offense was not reported within one year.

All other sex offenses may be prosecuted up to three years from the date of the act.

The period of limitations for any sex offense may run from the date of the offense or one year from the date by which the identity of the suspect is established by DNA or by photograph.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.

Staff Summary of Public Testimony:

(In support) This bill simplifies the formula for calculating a criminal statute of limitations and expands the statute of limitations. It is common for children not to report crimes until they are older, for various reasons. The expansion from 28 years old to 30 years old is helpful but not too burdensome on prosecutors. Including Sexual Exploitation of a Minor is important, because it typically involves a photograph or video, so there is hard evidence which will counter any prosecution problems. This bill provides deterrence for pedophiles and benefits the 15- to 18-year-old victims who did not get the benefit of extended periods of limitations. When there is hard evidence, there should never be a limit on prosecution. Victims often do not face their history until they are adults.

(In support with concerns) The expansion of periods of limitation on the civil side should be restored to the bill. The standards for prosecution on the criminal side is rightfully quite high, but that means that victims do not necessarily have the opportunity they need for justice.

(With concerns) It is important that the bill remove the one year reporting requirement and expand the statute of limitations. Really, the statute of limitations should be eliminated, not just expanded. Child abuse can result in death.

(Opposed) It is important to have a fast and speedy resolution of these matters to address victims' needs and for fairness. Typically, sex offenses come down to a credibility determination. Every day that passes, the issue of bias is more difficult for defense attorneys. There is often hard evidence for sexual exploitation, but not for Rape of a Child or the other offenses affected. The Sex Offender Policy Board found that there were no studies which would show that extending the statute of limitations for criminal prosecution of sex crimes against children would do anything.

Persons Testifying: (In support) Representative Holy, prime sponsor; Tom McBride, Washington Association of Prosecuting Attorneys; John Ahern; Virginia Graham; Veronica Langley; and Gail Harsh.

(In support with concerns) Lonnie Johns-Brown, Washington Coalition of Sexual Assault Programs.

(With concerns) Jill Logie.

(Opposed) Larry Jefferson, Washington Defender Association and Washington Association of Criminal Defense Lawyers.

Persons Signed In To Testify But Not Testifying: None.